Periodically, employers provide employees with reviews of their work performance. A periodic review occurs during the meeting with the employee and staff member. The performance review should remain confidential. But problems can creep up before, during, and after a performance review. 

What Makes Up a Work Performance Review?

A work performance review is an evaluation of an employee’s work. It could include:

  • Tardiness
  • Absences
  • How well the overall job or specific job task were completed 
  • Interaction between the employee and other co-workers

The evaluation is usually focused on a general timeframe like quarterly or semi-annual.

Is a Performance Review the Same as a Grievance?

No. A work review evaluates an employee’s on-the-job performance. A grievance is an internal complaint filed within a company as a way to resolve a dispute. The dispute can be between the:

  • Employee and company
  • Employee and supervisor
  • Co-workers
  • Customer and employee
  • Supplier and employee

Can I Sue if My Supervisor Gave Me a Good Review But Fired Me?

A former employee may sue an employer if they were given a good work performance but their employment was terminated. Inaccurate reviews can be a catalyst to lawsuits or discrimination complaints.

What is Performance Evaluation Discrimination?

Performance evaluation discrimination occurs when the performance review is influenced by outside factors. These outside factors have nothing to do with an employee’s work and discriminate in some way. For example, the supervisor giving the review may abuse her authority or there’s a forced ranking.

Can My Former Employer Mention My Bad References During a Reference Check?

No. An employer can be liable for giving former employees bad references. It doesn’t matter if the details were true or not. 

Can I Sue My Employer for a Bad Review?

Yes. If you have a problem with a performance review and it affects your employment, contact an employment lawyer. The attorney will look over your case and explain your next step.